Law Office of Todd A. Wilson is a full-service probate and estate planning law firm in Austin, TX. Also known as TAW Law TX, our firm is locally owned and operated, and our Austin probate attorneys are proud to be members of the Austin Bar Association, the Texas Bar Association, and the American Bar Association.
We are also proud to be home to some top Austin probate attorneys who offer:
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You can also learn more about probate in Texas, how the process works, and what you can generally expect as you proceed through it by exploring the FAQs below.
One of the first questions families face after a loved one passes away is whether the estate will go through probate with a will—or whether a different process, like determining heirship, is required.
The answer regarding original will probate vs heirship in Texas largely depends on whether a valid will exists and how the estate is structured. Understanding the difference between these two paths can help you determine what to expect and how to move forward under Texas law.
| Category | Probate with a Will | Heirship Proceeding (No Will) |
|---|---|---|
| When It Applies | A valid will exists and outlines how assets should be distributed. | No valid will exists, or the will cannot be located or used. |
| Who Decides Distribution | The will controls who inherits and in what proportions. | Texas intestacy laws determine who inherits the estate. |
| Court Process | The court validates the will and appoints an executor. | The court determines legal heirs, often requiring testimony and additional evidence. |
| Complexity | Generally more straightforward when the will is valid and uncontested. | Typically more complex due to the need to establish heirs and relationships. |
| Time & Cost | Often faster and more cost-effective when properly handled. | May take longer and involve additional legal steps and expenses. |
| Common Challenges | Will contests or disputes over validity. | Disputes among potential heirs or difficulty identifying all heirs. |
Whether a loved one left behind a will or not, the probate process can involve important legal steps that affect how assets are distributed and how quickly matters are resolved. Understanding which path applies to your situation is the first step in moving forward with confidence.
If you are unsure whether you need to probate a will or pursue an heirship proceeding, our team can help you evaluate your situation and guide you through the appropriate process.
Contact us today to schedule a consultation.
In Texas, probate is not a one-size-fits-all process. The type of administration used can significantly affect how quickly an estate is settled, how much court involvement is required, and the overall cost of the process.
Two of the most common forms of probate are independent administration and dependent administration. Understanding how these differ can help you better anticipate what to expect—and why having the right legal strategy matters.
| Category | Independent Administration | Dependent Administration |
|---|---|---|
| Court Involvement | Minimal court supervision after initial approval. | Ongoing court supervision required throughout the process. |
| Efficiency | Generally faster and more streamlined. | Typically slower due to required court approvals at multiple stages. |
| Cost | Usually more cost-effective. | Often more expensive due to court oversight and additional filings. |
| Executor Authority | Executor can act independently once appointed. | Administrator must seek court approval for many actions. |
| When It Is Used | Common when a valid will exists or beneficiaries agree. | Used when disputes exist or court supervision is necessary. |
| Complexity | Simpler process with fewer procedural hurdles. | More complex due to formal court procedures and oversight. |
The type of probate administration used can have a significant impact on how efficiently an estate is handled, how much it costs, and how involved the court will be throughout the process. In many cases, independent administration is preferred—but not every situation qualifies.
If you are navigating probate or want to understand which type of administration applies to your case, our experienced Austin probate attorneys can help you determine the best path forward.
Contact us today to schedule a consultation.
Probate is the legal process of administering one’s estate after death. It includes proving a will in court, determining heirs, creating an inventory of the assets of the deceased, paying debts, and distributing the appropriate amount of assets to the correct heirs.
Uncontested probate refers to probate proceedings in which none of the beneficiaries raise challenges regarding the validity of the will. While uncontested probates can still be complex, they tend to be more straightforward than contested probate cases. At TAW Law TX, our Austin probate attorneys offer flat-fee services for uncontested probate cases.
Independent probate administration is a simplified version of probate that allows the executor to act largely outside the supervision of the court. This helps to speed up and simplify the process. Dependent administration requires court oversight and approval throughout the probate process.
After someone passes away, the executor (or administrator) files paperwork to:
To do this, Texas probate generally involves the following process:
With a valid will and all parties on the same page, probate in Texas can still be a complicated, multi-phase endeavor that’s sensitive to mistakes — and that can be derailed with missed deadlines, document oversights, and other missteps.
That’s why it’s generally in the best interests of executors, administrators, beneficiaries, and others to retain the counsel of a probate attorney, preferably one with experience in the same county where the case will be resolved.
If an executor is named in a will, that person handles the process. Often, this is a spouse, child or a close personal friend. If no will exists, the court will determine an administrator to oversee everything.
No two probate cases are exactly alike, so there is no standard period of time for wrapping up these legal matters. In fact, some of the factors that can impact how long it takes for a Texas probate case to be resolved include:
Generally, however, more straightforward probate cases tend to proceed faster than more complicated ones. Still, even the simplest probate cases in Texas typically take at least six months to resolve.
To get a more precise answer to this question, contact an experienced probate attorney in Austin for a free, confidential consultation.
Yes — if you are concerned or serious about protecting your rights and interests as you move through the probate process, it’s typically prudent to retain an experienced probate lawyer, like an Austin probate attorney at TAW Law TX.
That’s because:
When it comes to probate representation for contested and uncontested cases, here’s the bottom line — it can be easier to make mistakes, miss deadlines, and overlook certain rights or obligations associated with probate if you don’t have a knowledgeable attorney in your corner.
At TAW Law TX, our probate attorneys in Austin offer exceptional counsel for all types of cases, and we provide flat-fee service for uncontested probate cases.
Talk to an Austin probate attorney to get answers, advice, and important counsel about your situation, your legal options, and how to proceed. The Law Office of Todd A. Wilson, also TAW Law TX, offers free consultations and flat-fee services for uncontested probates.
Call 512-827-9212 or Contact Us Online for a FREE Consultation
